Assault charges in Texas range from a Class C misdemeanor — an offensive touch that never left a mark — to a first-degree felony carrying life in prison. And when the alleged victim is someone you live with, a dating partner, or a family member, the consequences don’t stop at the sentence. A family violence finding follows you into custody hearings, immigration proceedings, and future criminal charges in ways most people never see coming.
I’ve been defending assault and family violence cases in Collin County for over a decade. Whether you were arrested last night in Plano or you’re still waiting to see what the State files, I’ll tell you straight what you’re looking at — and what we can do about it.
Assault Charge Levels in Texas
Assault by Threat or Offensive Contact
Covers two situations: threatening someone with imminent bodily injury, or making physical contact you know they’ll find offensive or provocative. No injury required — no physical contact required for the threat version. Punishment is a fine up to $500, but it’s still a criminal conviction on your record if you’re found guilty or plead out.
Assault Causing Bodily Injury
The most common assault charge. “Bodily injury” under Texas law means any physical pain, illness, or impairment of physical condition — a low bar that a complaint of pain can meet even without visible injury. Up to one year in county jail, up to a $4,000 fine. When the alleged victim is a family or household member, this charge also carries a family violence finding with serious long-term consequences.
Elevated Assault
A misdemeanor assault jumps to a felony in several situations: the alleged victim is a public servant, security officer, emergency services personnel, or hospital worker performing their duties; the assault involves choking or strangulation against a family or household member (even a first offense); or you have a prior family violence conviction. Punishment range: 2 to 10 years in state prison, up to a $10,000 fine.
Aggravated Assault
Aggravated assault means the assault caused serious bodily injury — the kind that creates a real risk of death, causes permanent disfigurement, or results in prolonged loss of a body part or organ — or that a deadly weapon was used or displayed during the assault. Base charge is a second-degree felony (2 to 20 years). It becomes a first-degree felony (5 to 99 years or life) when committed with a deadly weapon against a family or household member causing serious bodily injury, or in certain other circumstances such as assaulting a public servant.
What the Law Actually Means
“Bodily injury” is any physical pain, illness, or impairment of physical condition — a very low threshold. “Serious bodily injury” is something far more significant: injury that creates a substantial risk of death, causes death, serious permanent disfigurement, or results in prolonged loss or impairment of a body part or organ. This distinction is what separates a Class A misdemeanor assault from an aggravated assault felony. If the State is claiming serious bodily injury to justify a felony charge, I’ll examine whether the evidence actually meets that standard.
“Family violence” under the Texas Family Code isn’t limited to spouses or people who are currently together. It covers current and former dating partners, family members related by blood or marriage, people who live together or used to live together, and parents of the same child — regardless of whether they were ever in a relationship. If the alleged victim fits any of these categories, your assault charge carries consequences that go well beyond the criminal sentence.
The Family Violence Finding: What Most People Don’t Know
When a court makes an affirmative finding of family violence, the consequences go well beyond whatever sentence the judge imposes. Most people focus on jail time and fines. Here’s what doesn’t show up in the sentencing summary:
- Federal firearm ban. A misdemeanor domestic violence conviction triggers a permanent federal prohibition on owning or possessing any firearm.
- Deferred adjudication still counts. Under Texas law, a plea of guilty or no contest in exchange for deferred adjudication on a family violence assault counts as a prior conviction for enhancement purposes. If you’re charged with a second family violence assault down the road, that deferred plea can be used to elevate the new charge to a felony — even though the first case never became a formal conviction on your record.
- Custody and divorce proceedings. A family violence finding becomes part of the record in any family law matter. Judges take it seriously when deciding custody, and it can be used against you for years after the criminal case is closed.
- Future charges get more serious. A second family violence assault can be charged as a third-degree felony. With a prior conviction and a choking or strangulation allegation, it can reach a second-degree felony.
- Immigration consequences. For non-citizens, a family violence conviction can trigger deportation proceedings or block a path to citizenship or permanent residence.
This is why a family violence assault charge — even a Class C misdemeanor — deserves a real defense, not a quick plea to get it over with. The long-term consequences of that finding can outlast the sentence by decades. If you’ve also been charged with a protective order violation, that’s a separate offense with its own consequences — something we need to address at the same time.
How I Challenge Assault Charges
Every assault case is different — but there are patterns. Here’s where I start looking when I take on an assault or family violence case in Collin County.
Self-Defense and Defense of Others
Texas law gives you the right to use force to protect yourself or someone else from what you reasonably believed was imminent unlawful force. That’s not just a legal theory — it’s a complete defense if the facts support it. I look at who started the confrontation, what each person actually did, and whether the force used was proportionate to the threat. If you defended yourself and the State is calling it assault, that story needs to be told clearly and early.
False and Exaggerated Accusations
It happens — especially in domestic situations where a relationship is ending, a custody dispute is in progress, or emotions are running high on both sides. I’ve handled cases where the physical evidence didn’t match the alleged victim’s account, where a prior complaint had been withdrawn, and where the timeline simply didn’t hold up — including one that was dismissed entirely because the only evidence was a neighbor’s secondhand account. I dig into the accuser’s statements, their history, and what the evidence actually shows. Sometimes the most powerful defense is the truth, presented the right way.
What the State Actually Has to Prove
The State doesn’t just have to prove something bad happened — they have to prove you had the required mental state. For a standard assault, that means intentional, knowing, or reckless conduct. For the elevated felony charges — where the penalty jumps because of the alleged victim’s status — the State has to prove you actually knew that person was a public servant, emergency worker, or hospital employee at the time of the offense. If that knowledge isn’t there, the enhancement doesn’t stick. I look at every element the State is required to prove, not just the headline charge.
Challenging the Evidence and the Arrest
Police make mistakes. Arresting officers sometimes fail to fully investigate what happened before deciding who to charge. Evidence can be collected improperly, statements can be taken in violation of your rights, and physical evidence can be inconsistent with what the State claims. I go through the arrest, the investigation, and every piece of evidence the State intends to use. If something doesn’t hold up, I’ll find it — and use it.
Mistakes That Can Hurt Your Defense
- Contacting the alleged victim. After an assault arrest involving family violence, a magistrate will almost always issue an emergency protective order. Contacting the alleged victim — by text, phone, social media, or through a third party — can result in a separate criminal charge for violating that order. Don’t do it, even if they reach out to you first.
- Talking to the police without a lawyer. When officers respond to a domestic call, they will ask for your side of the story. Whatever you say gets written down and handed to the prosecutor. You have the right to remain silent. Use it — then call me.
- Assuming the alleged victim can make it go away. In Texas, the State — not the alleged victim — decides whether to pursue a charge. A victim who says they don’t want to press charges does not automatically end the case. If you’re counting on that to save you, you’re not building a defense.
- Posting anything on social media. Messages, photos, reactions, comments — anything you put online after an arrest can be pulled into evidence. This includes messages to mutual friends. Say nothing about the incident online.
- Waiting to get a lawyer involved. Surveillance footage gets deleted. Witnesses move or change their stories. Medical records and 911 recordings have retention windows. The earlier I’m in your case, the more I can preserve and the more options we have.
Frequently Asked Questions About Assault Charges in Texas
Can I be charged with assault in Texas even if no one was physically hurt?
Yes. Texas law defines assault broadly. Threatening someone with imminent bodily injury — or making physical contact you know they’ll find offensive or provocative — is a Class C misdemeanor assault even if there’s no injury whatsoever. It’s still a criminal charge, and a conviction still goes on your permanent record.
What if the alleged victim doesn’t want to press charges or is willing to recant?
In Texas, the prosecutor — not the alleged victim — makes the decision to pursue a charge. This is especially true in family violence cases, where mandatory arrest policies are common and the State will often move forward even when the alleged victim is uncooperative or has changed their story. That said, an uncooperative complaining witness significantly affects the prosecution’s ability to make their case at trial — including in cases that go all the way to a not-guilty jury verdict. It’s one of the first things I look at in every domestic assault case I take.
If I get deferred adjudication for a family violence assault, does the family violence finding still apply?
Yes — and this catches a lot of people off guard. Under Texas law, a plea of guilty or no contest in exchange for deferred adjudication on a family violence assault counts as a prior conviction for future enhancement purposes. A second family violence charge can still be elevated to a felony based on that deferred plea. It also triggers the federal firearm prohibition. This is why I push hard on the front end of these cases rather than accepting the first plea offer the State makes.
What’s the difference between assault and aggravated assault in Texas?
The line is “serious bodily injury” or a deadly weapon. Regular assault involves any bodily injury — physical pain or impairment at any level. Aggravated assault requires either serious bodily injury (substantial risk of death, permanent disfigurement, or prolonged impairment of a body part or organ) or the use or display of a deadly weapon during the assault. The difference between a Class A misdemeanor and a second-degree felony is enormous — and if the State is charging aggravated assault, I’ll look hard at whether the evidence actually justifies that classification.
What should I do immediately after being arrested for assault in Texas?
Don’t make any statements to police beyond identifying yourself. Don’t contact the alleged victim. Don’t post anything on social media. And call a criminal defense attorney before you do anything else — not after you see what the State files. If a family member or loved one is still in custody and you’re trying to figure out how to make bail, there are more options than most people realize. I handle assault and family violence cases throughout Collin County and the surrounding area, and the consultation is free. Reach out and we’ll talk through exactly where you stand.
Serving All of Collin County
I defend clients throughout Collin County, including:
Charged with a Crime?
A criminal conviction in Texas can have permanent consequences. Beyond the immediate criminal penalties, a conviction may affect your job, your record, your driving privileges, and your future. The right defense, started early, can change the outcome of your case.
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